What Is Premises Liability?
- posted: Apr. 09, 2012
- Daniel C. Jason
In Georgia, a premises liability claim refers to any injury that is incurred while on someone else’s property and sustained as the result of the owner’s breach of their duty of care. For example, if you were injured by a hazardous condition that you were not warned about, such as a slippery floor, or were assaulted by someone on their property, then you may have a premises liability claim.
A claim for injuries in a premises liability case depends on your status. Department store customers, restaurant patrons, or contractors doing work all are invitees since they are invited to do business on the property. An owner has a duty to exercise ordinary care toward invitees to keep the property safe from hazards and defects.
You are a licensee if you are a social guest and are on the property for social reasons, although a fireman fighting a blaze is also a licensee, as is a salesperson making a house call. As a licensee, you are invited on the property but have no business relationship with the owner. To show liability, the owner must have had knowledge or should have known of the defective condition or hazard and failed to remedy it or provide a warning. The owner’s duty of care, however, increases once the owner is aware of the licensee’s presence. At this point, the owner must exercise ordinary care in protecting the person as if he or she was an invitee.
Finally, there is the trespasser. If you were not invited onto the property or wandered there, the owner only owes a duty not to willfully or wantonly harm you from any hidden hazards. The owner’s duty of care changes, however, if the trespasser is a child who is unable to recognize dangerous conditions, also referred to as “attractive nuisances.” These can include old appliances or sharp tools, or an uncovered swimming pool with no gates or security devices. Allowing the child access to the hazard can render the owner liable for any injuries.
Premises liability claims can be difficult to handle. As personal injury attorneys, we will conduct an exhaustive investigation of the facts and circumstances of your accident and vigorously prosecute your claim according to the laws governing Georgia premises liability cases.
Get personal assistance with your Georgia injury claim. You deserve individual attention and efficient service when you have suffered injuries. Our fee is a portion of your recovery—if we do not win, you do not pay. To schedule a free consultation with a dedicated personal injury attorney, contact Jason & Bradley, LLC.